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Question
adam decided to play a practical joke on linda, a co - worker. as linda was leaving the office one night, adam, wearing a mask, stepped out from behind some bushes. he pointed a handgun made out of licorice at her and demanded her purse. he then pushed the candy gun to her head and told her if she told anybody hed kill her. linda was very scared during the whole incident. she did not think it was funny when adam pulled the mask off and took a bite out of the gun as he gave her the purse back. which statement is correct? adam committed an assault but not a battery adam committed a battery but not an assault adam committed an assault and a battery adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on linda. 8 multiple choice 1 point adam decided to play a practical joke on linda. adam, wearing a mask, stepped out from behind some bushes. he pointed a handgun made out of licorice at her and demanded her purse. he then pushed the candy gun to her head and told her if she told anybody hed kill her. linda was very scared during the whole incident. she did not think it was funny when adam pulled the mask off and took a bite out of the gun as he gave her the purse back. did adam commit the tort of intentional infliction of emotional distress? yes, as his conduct was intentional yes, but only if adam intended to cause linda serious emotional distress no, since he was only playing a practical joke no, since linda was not physically hurt by adam. 9 multiple choice 1 point john was driving home one night in a terrible snow storm when his car stalled. he managed to push the car onto a small shopping center’s parking lot. the next day about noon he came to get the car and it had been towed away by the owner of the parking lot. the owner explained she had to remove the car to clean the snow off her lot and told john where the car had been towed. which statement is correct? the owner of the parking lot is liable for conversion. she took john’s car without his consent. the parking lot owner has a qualified privilege for towing the car since it was a business necessity even though john left his car in the parking lot under emergency conditions, he still committed a trespass on the owner’s property
For Question 8 (First Multiple Choice)
Assault requires intentional creation of a reasonable fear of harmful/offensive contact; Adam's actions (masked, fake gun, threat) caused Linda's reasonable fear, satisfying assault. Battery requires intentional harmful/offensive physical contact; Adam pushed the gun to her head, which is offensive contact, satisfying battery. A practical joke does not negate intent when the actions would reasonably cause harm/distress.
Conversion is the intentional exercise of dominion over another's property without consent, which the parking lot owner did by towing John's car. Business necessity does not apply here as the owner towed to clear snow, not an immediate business emergency. John was not trespassing as he had permission to park there.
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Adam committed an assault and a battery.
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